Confidential
Settlement – $260,376Judge
Court
Confidential
Attorneys
Plaintiff
Defendant
Margaret M. Holm
(Tyson & Mendes LLP)
Experts
Plaintiff
Saar A. Porrath
(medical)
James G. Jakowatz
(medical)
Defendant
John Pearce
(medical)
John R. Hesselink M.D.
(medical)
Facts
The claimant, a 61-year-old retired saleswoman and part-time wedding coordinator, presented at the respondent hospital for yearly mammograms and physical examinations and did regular self-examinations of her breasts. The respondent hospital sent notices that her 1992 and 1993 mammograms were normal. The claimant noticed a lump in her right breast in July 1994. A mammogram and biopsy revealed a cancerous tumor and a modified radical mastectomy was performed in August 1994, after which it was determined that nodal involvement existed. The claimant brough this action against the respondents based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The claimant made a settlemend demand for $250,000. The respondents made no settlement offer.
Specials in Evidence
$_____________ $10,376.47 $_____________ $_____________
Damages
The claimant claimed $260,376.47 in damages.
Injuries
The claimant alleged that the respondents' conduct required her to undergo a modified radical mastectomy, six months of chemotherapy, two breast reconstruction surgeries, loss of hair, loss of enjoyment in life and a lowered cure rate.
Other Information
The award was rendered approximately one year and six months after the case was filed.
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